W. Va. Code R. § 126-29-2
W. Va. Code '18-5-18a establishes maximum teacher-pupil ratios for grades K-6 and grants authority to the State Superintendent of School "... to permit more than twenty pupils per teacher in a specific kindergarten classroom and twenty-five pupils per teacher in a specific classroom in grades one through six during a school year in the event of extraordinary circumstances as determined by the state superintendent after application by a county board of education". The State Board of Education is required to establish guidelines for the exceptions authorized in the statute. The statute also declares that "... in no event shall the superintendent except classrooms having more than three pupils above the teacher-pupil ratio ..." in grades K-6. No provision of this section, however, is intended to limit the number of pupils per teacher in a classroom for the purpose of instruction in choral and band or orchestral music.
Pursuant to W. Va. Code '18-5-18a, a state-wide exemption is granted for physical education classes in grades 4-6 for up to 28 students.
Additionally amendments to W. Va. Code '18-5-18a grant a state-wide exception for classrooms in schools with a schoolwide teacher-pupil ratio of 25 to 1 or less in grades 1-6, provided that a teacher shall not have more than three pupils above the teacher-pupil ratio established in W. Va. Code '18-5-18a.
W. Va. Code R. § 126-29-2